On Aug 30, 2008, at 10:19 AM, Joe Huber wrote:
At 6:37 PM +0200 8/30/08, Richard Altenburg (Brainchild) wrote:
Op 30 aug 2008, om 17:54 heeft Joe Huber het volgende geschreven:
You can't buy a copy of Leopard for installation on a new
machine. Apple only sells UPGRADE licenses. The only way to get a
new OSX license is to buy a new Mac.
I bought Mac OS X 10.5.4 Retail Family Pack just the other week
and I did upgrade one MacBook Pro from Tiger with it, but it looks
like I can install other machines from scratch if I wish to do so...
If you read the OSX software license, you'll see that the software
is an upgrade to your previous Macintosh software and that you're
only allowed to install it on Apple labeled Macintosh computers. It
is not a new license to use OSX, simply an upgrade to the license
you obtained when you bought your Apple labeled Macintosh.
SOFTWARE LICENSE AGREEMENT FOR MAC OS X
Single Use and Family Pack License for use on Apple-labeled Systems
A. Single Use. This License allows you to install, use and run one
(1) copy of the Apple Software on a single Apple-labeled computer
at a time. You agree not to install, use or run the Apple Software
on any non-Apple-labeled computer, or to enable others to do so.
B. Family Pack. If you have purchased a Mac OS X Family Pack, this
License allows you to install and use one (1) copy of the Apple
Software on up to a maximum of five (5) Apple-labeled computers at
Updates: If an Apple Software update completely replaces (full
install) a previously licensed version of the Apple Software, you
may not use both versions of the Apple Software at the same time
nor may you transfer them separately.
Note that even doing a full install is simply an upgrade to your
previous license and you do NOT have a new license.
The only way to get a new OSX license is to buy a new Apple-labeled
Macintosh. Anything else is just an upgrade license.
With all due respect, Joe, I disagree with your interpretation.
I have the Leopard box right in front of me. Nowhere on the box does
it state that it is an upgrade, that some previous version of OS X is
required. Nor does the Leopard installer require a previously
installed version of OS X.
I inspected the Leopard licensing agreement, and yes, it does contain
the verbiage you've quoted above. However, I believe the "Updates"
passage refers to software such as 10.5.2, which completely replaces
10.5.1; by Apple granting you a license for 10.5.2, they are
replacing your license for 10.5.1.
I believe the "Updates" passage also applies to software provided via
the Mac OS X Up-To-Date program. Under that program, if you purchased
a Mac with (for example) 10.4 within 30 days of 10.5 being released,
they will send you an 10.5 Upgrade disc for a minimal cost. This is a
true "Update" for OS X, with a license that is predicated on your
owning a previous copy. I don't know if the Leopard Up-To-Date discs
check for Tiger before installing.
So, operating under this interpretation, you could not sell your 10.4
discs without also including the 10.5 Up-To-Date discs; nor could you
sell the 10.5 Up-To-Date discs without including the original 10.4
discs. This is how licensing has worked forever in the publishing
field (Adobe, Macromedia, et al) and it is a very well-established
Under this interpretation, when you purchase a retail version of OS
X, you have a license to it that is completely separate from any
other software license you may already possess. For example, if you
have a Mac with dead hard drive but you have lost or damaged the 10.4
install discs, you could purchase 10.5 and install it. If you later
found the 10.4 discs, you are entitled to use and install 10.4
separate from 10.5, on two different machines.
Even under your interpretation, wouldn't it be sufficient to
completely erase 10.4 from your hard drive before installing the
retail version of 10.5? Thus, 10.5 would not "completely replace" 10.4.
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